We are in full agreement with the view taken in Biswajit Dey MANU/SC/0035/2025 : 2025:INSC:32 : (2025) 3 SCC 241 since Sub-section (1) of Section 63 provides that whether the Accused is convicted or acquitted or discharged, the Court shall decide whether any Article or thing seized under this Act is liable to confiscation Under Section 60 or Section 61 or Section 62 and that if it decides that the Article is so liable, order of confiscation may be passed. Section 60 makes liable, inter alia the conveyance; in which the offensive substance is carried, to confiscation. Sub-section (3) provides an exception insofar as the owner proving the use; without his knowledge and connivance and he having made reasonable prautions against such use. In fact, the statute by Section 63(1), specifically provides for confiscation by the Magistrate and not by the DDC. We have also looked at the NDPS (Seizure, Storage, Sampling and Disposal) Rules, 2022, which prescribes the manner in which the seized contraband is to be classified, weighed and stored. It also prescribes the manner in which sampling has to be done in the presence of a Magistrate and speaks of disposal too. Rule 16 specifically reads so:
16. Items that can be disposed of. - Having regard to the hazardous nature, vulnerability to theft, substitution and constraints of proper storage space, all narcotic drugs, psychotropic substances, controlled substances and conveyances, as soon as may be after their seizure, shall be disposed of in the manner determined Under Section 52A of the Act. {Para 11}
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 4183 of 2026
Decided On: 24.08.2026
R. Manimaran Vs. State of Tamil Nadu
Hon'ble Judges/Coram:
J.B. Pardiwala and K. Vinod Chandran, JJ.
Citation: 2026 INSC 946,MANU/SC/0983/2026.
Read full judgment here: Click here.
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